The Challenges in the Divorce Mediation Process: Causes of Failed Mediation Attempts

Tinjauan Terhadap Kendala-kendala dalam Proses Mediasi Perceraian: Penyebab Gagalnya Upaya Mediasi

Abstract

The purpose of this writing is to explain the reasons behind unsuccessful mediation in the divorce process. Despite mediation being intended to prevent divorce, its practical application is less effective in preventing it. This can also be attributed to several factors, primarily the long-standing conflicts between the parties involved. Throughout the mediation process, each party has lost the ability to calm their emotions, thereby no longer being receptive to the mediator's opinions and feelings. It's highly probable that the plaintiff or defendant faces difficulty reuniting due to emotional factors. The research method used, qualitative, provides explanations from various primary and secondary data sources generated through data collection methods such as interviews, observations, articles, and journals. The research findings indicate the causes of unsuccessful mediation as follows: 1) both parties strongly feel the desire to divorce, 2) ongoing conflicts, 3) difficulty in restoring the husband-wife relationship in complex divorce cases, and 4) the absence of one party.